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Claims for compensation

  • 29-10-2025 11:59AM
    #1
    Registered Users, Registered Users 2 Posts: 731 ✭✭✭


    In personal injury claims, is it easier for a claimant/plaintiff to get their claim for compensation through their solicitor from the defendants Insurance Company rather then having to take this action to court?



Comments

  • Registered Users, Registered Users 2 Posts: 7,037 ✭✭✭Claw Hammer


    The insurance companies often wont pay up until proceedings are initiated. They may make an offer at the PIAB stage but they will certainly not deal with a solicitor before a PIAB claim comes in.



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    If an Insurance Company decide that a client is worth supporting legally in court, if he has a good defence argument, then they must also believe or insist that their legal team have a good reason to stop the Plaintiff's claim. I doubt that a decision like that is taken lightly unless they are confident with their defence.



  • Registered Users, Registered Users 2, Paid Member Posts: 3,855 ✭✭✭MacDanger


    The PIAB process is very simple and you don't need a solicitor for it



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    But if you have a good defence argument and you get legal backing from your Insurance Company based on that, then it is better taking your argument to court if that is the only option.



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    Has anyone had experience of being supported in court by their Insurance firm with legal backing to defend them against a claim for compensation from a personal injury that the Plaintiff has claimed they caused ?



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  • Registered Users, Registered Users 2, Paid Member Posts: 9,010 ✭✭✭cml387


    Are you the defendent? Is the claim against your insurance?



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    It is not a claim against my Insurane but a claim against me. I decided to defend myself in court as I believe I have a good argument. I was advised by my solicitor to check through my Insurance. The Insurance Company used an Accessor to look at my argument and evidence and then decided to support me and have appointed their legal team to defend my argument in court.



  • Registered Users, Registered Users 2, Paid Member Posts: 9,010 ✭✭✭cml387


    I assume it's to do with the other related threads you have opened about this case. If you kept it all in one thread it might help people get a better picture of the context.



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    So you cant offer any advice or information about any experience of being supported in court by their Insurance firm with legal backing to defend them against a claim for compensation from a personal injury that the Plaintiff has claimed they caused ? 😏



  • Registered Users, Registered Users 2 Posts: 7,037 ✭✭✭Claw Hammer


    Under the subrogation clause in your policy, the insurance company have the right to decide how to deal with the claim. You are lucky in the sense that you will not be liable for legal costs incurred by the insurance company unless it turns out that you did not make full disclosure to them. The insurance company will decide what to do on the basis of what is best for itself and not you. Sometimes hopeless defences are run and other times defensible cases are settled. they won't explain why they are taking any particular course of action. It is not the insurance company supporting you in a claim, it is the insurance company defending a claim against you on your behalf. the insurance company calls all the shots.



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  • Registered Users, Registered Users 2, Paid Member Posts: 9,010 ✭✭✭cml387


    It's up to the insurance comapnies to decide if the case is worth defending. No one here can answer for them.



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    In my situation the Insurance Company told us that they decided to back as, because our evidence was supported by their Accessor, the Engineers Report and their Legal team all agreeing that we had a good argument to defend. So, I think their decision was not taken lightly and they would really have only backed us if they felt they could win the case in court.



  • Registered Users, Registered Users 2 Posts: 12,602 ✭✭✭✭Jim_Hodge


    So what exactly are you looking for here? It's down to the insurers now. It's their call. They may begin with a defence but they may also then settle, if it's in their best interests cost wise. I've see insurers support and fight cases all the way and also settling just before the case was called. It can go either way and that's for the Insurers, and only the insurers, to decide.



  • Registered Users, Registered Users 2 Posts: 2,196 ✭✭✭Lenar3556


    That’s not how it works. An insurer is typically on the hook for any award secured against you - hence why they have taken an interest in the claim. They may decide to continue to defend it, or settle with the other party, at any point, should they consider it is likely to result in a lower cost to them.



  • Registered Users, Registered Users 2, Paid Member Posts: 28,207 ✭✭✭✭Peregrinus


    They're not supporting you, jonnreeks; you're supporting them.

    The deal with liablity insurance is this; if the insurance company is on the hook for any liability that you may have, then they are entitled to take over, make decisions about, and generally run the defence of the claim against you. You have an obligation to co-operate with them in doing that.

    Your insurer obviously feels that the claim is defensible, and they have chose to defend it rather than simply pay out. If the case goes to trial, they'll probably want you to give evidence, and depending on the nature of the claim against you they may want you to assist in other ways. Obvlously you'll be happy to do that because you, too, reckon you're not at fault and see no reason why your insurers should have to pay out.

    But they'll be quite hard-nosed and self-interested about this. If the case reaches a point where it looks as if they could settle it by making a payment, and this would cost them less and carry less risk than defending it would, they will settle it. They won't ask you how you feel about that. They don't need your permission or agreement; it's their decision, not yours.



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    That seems like a fair assessment and one of the more insightful repies, thanks.



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    The Insurance Compny's legal team have told the Plaintiff's legal representitive that no money will be offered as they have produced no credible witnesses or factual evidence other then hearsay statements and will be moving to the court.



  • Registered Users, Registered Users 2 Posts: 1,834 ✭✭✭thebiglad


    Just be aware that the case could take many years to reach court (or be formally withdrawn by the claimant), your insurer will most likely end up with a large legal bill for their defence which, it is unlikely they will be able to recover from the other party.

    Even if you ultimately win this in court the insurer will be seriously out of pocket and, this is recorded as an open claim until such time as it is concluded one way or the other.

    Separate to your question here I would suggest you now get a dashcam (front and rear facing) it should make any future scenarios much easier to deal with, as you will now realise the costs of a decent dashcam are wiped by one incident.



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    No we have a court date almost 5 years after the Plaintiff's claim of an allegation and the Insurance legal team have ramped up the defence with the standard medical call for the Plaintiff and answers to several issues not clarified by the Plaintiff's side.



  • Registered Users, Registered Users 2 Posts: 7,037 ✭✭✭Claw Hammer


    That is pretty standard bluff and bluster no matter how strong or weak a case is. Some insurance companies just keep kicking the can down the road and hope that the pressure will get to the Plaintiff. One of the biggest unknowns is who the Judge hearing the case will be. That is a significant factor in any decision to fight or settle.



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  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    From your experience of the biggest unknowns about who the Judge hearing the case will be, any advice or suggestions.



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    Also what is the standard procedure in the Circuit Court. Correct me, but I guess that both Barristors make their case to the judge, there after the Judge may speak to both the Plaintiff & Defendant or just make a judgement based on the first statement or after some questions to those involved. Is that a fair summary?

    Also what is the schedule for courts. I suppose 9am to 12.30 & 2 to 16.30pm is normal?

    I suppose you get a morning time or afternoon or do you just have to be on standby for the day?



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    From your experience other than the mood of a judge on any particular day, what is the most significant thing a judge will look at?

    Also, I reckon judges are not there to issue out payments for fun just because an Insurance Company is involved and you would have to be very sure you have a good case to feel you deserve any form of payment!



  • Registered Users, Registered Users 2 Posts: 7,037 ✭✭✭Claw Hammer


    That is not the procedure. You will be given a day which will start at 10.00 or 10.30. There will be a number of cases listed. Some will be adjourned, some will be announced as settled and others will run, in turn. The plaintiff calls his witnesses in turn to give direct evidence who are cross examined by the Defence after they have given their direct evidence. The judge may ask a question or two. When the Plaitiff is finished the defence then call their witnesses.
    After that each side will summarise their case, based on the evidence, to the judge.
    After that the judge gives a decision. Judges are not giving out their own money. Some think it is their duty to help their former colleagues by making awards to the defendants. Some don't like being told lies by plaintiffs and will sent them packing.



  • Registered Users, Registered Users 2 Posts: 7,037 ✭✭✭Claw Hammer


    The medical reports are the thing they look at most.



  • Registered Users, Registered Users 2 Posts: 731 ✭✭✭jonnreeks


    But you will have to prove to a judge that your medical report is based on claimed injuries, you will need to show a clear link between the incident actually happen. You will have to prove a definite link to the incident and the injuries. You will need evidence such as witnesses, photos and recorded timelines. Very difficult then just using hearsay.

    I believe the Engineers reports can be vital as well in personal injury claims.



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